Former chief justice says criticizing judges over COVID protocols “really unfair”

By Jeffery M. Leving

Jeffery M. Leving, Founder & President — Law Offices of Jeffery M. Leving, Ltd.

Former Illinois Supreme Court Chief Justice Robert R. Thomas, the keynote speaker at an online event Monday supporting judges seeking retention in Cook County, said it’s “really unfair” to hold individual judges accountable for COVID-related protocols that lawyers and litigants may not like, and it “shouldn’t figure” in retention elections.

“To those people I say, you’ve got to take a deep breath and relax a little,” Justice Thomas said. “This happens once every 100 years. People are trying to get it right.”

Justice Thomas said judges in individual courtrooms are probably not responsible for the protocols that some attorneys find objectionable, and that each jurisdiction is making its own rules, though some protocols come from presiding judges, chief judges or the Supreme Court.

Attorney James M. Hagler from my firm and I were honored to co-chair the event in support of the 62 judges seeking retention. Participants attended from their offices via Zoom. I believe it was the first virtual event to help the retention effort in Cook County history.

Justice Thomas, 68, served on the Supreme Court from 2000 until Feb. 29 of this year. He previously sat on the Second District Appellate Court and on the Circuit Court of DuPage County. He also was a field goal kicker at Notre Dame and for the Chicago Bears, along with three other NFL teams. He’s now in private practice at a Chicago firm.

Justice Thomas stressed how important it is for the electorate to be informed and retain judges. He spoke about the qualities a good judge must have: independence, fairness, competency and respect for all.

Justice Thomas addressed several other issues:

  • The value of diversity on the bench: It’s important. “It brings credibility to the judiciary. Let’s face it, people like to see people who look like them,” said Justice Thomas, who noted that he had helped get minority attorneys appointed to the bench.
  • Merit selection: Justice Thomas said he’s in favor of “merit,” but it’s the “selection” that concerns him. He said he hasn’t seen a selection process that’s better than the current system of election and then non-partisan retention.
  • Should judges seeking retention respond to attacks? Justice Thomas believes they — or the committees working on their behalf — sometimes have to. “If there’s enough said about a certain judge, without any opposition, the people might believe it,” he said. Justice Thomas lamented how quickly special interests will attack a judge, for little or no reason.

Jeffery M. Leving is founder and president of the Law Offices of Jeffery M. Leving Ltd., and is an advocate for the rights of fathers. He is the author of How to be a Good Divorced Dad, Fathers’ Rights and Divorce Wars. To learn more about Jeffery M. Leving and his latest court victories, follow him on Twitter and Facebook, and view his videos on You Tube.

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